The motion court correctly denied defendants' motion. Issues of fact remain as to whether defendants intended to forgo their right to terminate the licensing agreement, under a financing contingency clause, for plaintiff's failure to obtain "committed financing or additional capital" by a certain date (see generally Fundamental Portfolio Advisors, Inc. v Tocqueville Asset Mgt., L.P.,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
